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Case Briefs
Evidence of Biased Investigation, Expert Testimony Admissible; Award of Future Benefits Upheld
In Hangarter v Provident Life & Accident Insurance Co., 2004 U.S. App. LEXIS 12841 (9th Cir. June 25, 2004), the Ninth Circuit addressed an insured's claim for coverage and bad faith under a disability policy. The insured alleged that the insurer improperly terminated her disability benefits based upon the opinion of medical examiners and claims investigators that the insured was not “totally disabled.” The insured obtained a verdict for breach of contract and bad faith. The insurer raised numerous issues on appeal, including arguments that the jury erred in finding it liable for bad faith and that the trial court erred in admitting expert testimony regarding bad faith and in permitting an award of future benefits under the policy.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.